ngmi defense in Wyoming

2025“Instructions are sufficient if they correctly state the law, they are not misleading, and they permit the parties to argue their respective theories of the case.” Kessel v. State, 2023 WY 120, ¶ 20 , 539 P.3d 406, 410 (Wyo. 2023) (quoting Mitchell v. State, 2020 WY 142, ¶ 32 , 476 P.3d 224, 237 (Wyo. 2020)).

2025“Instructions are sufficient if they correctly state the law, they are not misleading, and they permit the parties to argue their respective theories of the case.” Kessel v. State, 2023 WY 120, ¶ 20 , 539 P.3d 406, 410 (Wyo. 2023) (quoting Mitchell v. State, 2020 WY 142, ¶ 32 , 476 P.3d 224, 237 (Wyo. 2020)).

2022That omission distinguishes this case from Keats v. State, 2005 WY 81 , 115 P.3d 1110 (Wyo. 2005), where we concluded a petitioner for post-conviction relief established his trial counsel was ineffective for failing to properly investigate and pursue a NGMI defense.

2022That omission distinguishes this case from Keats v. State, 2005 WY 81 , 115 P.3d 1110 (Wyo. 2005), where we concluded a petitioner for post-conviction relief established his trial counsel was ineffective for failing to properly investigate and pursue a NGMI defense.

2022McLaren v. State, 2017 WY 154, ¶¶ 47-51, 62 , 407 P.3d 1200, 1212-13, 1215 (Wyo. 2017), overruled on other grounds by Snyder v. State, 2021 WY 108 , 496 P.3d 1239 (Wyo. 2021).

2022McLaren v. State, 2017 WY 154, ¶¶ 47-51, 62 , 407 P.3d 1200, 1212-13, 1215 (Wyo. 2017), overruled on other grounds by Snyder v. State, 2021 WY 108 , 496 P.3d 1239 (Wyo. 2021).

2022Nor did his behavior during trial provide the jury with any evidence from which it could conclude that at the time of his crimes, it was impossible for him to appreciate the wrongfulness of his conduct or conform his conduct to the requirements of the law. [¶42] We rejected a similar argument in favor of an NGMI defense in Haddock v. State, 909 P.2d 974 (Wyo. 1996).

2022Nor did his behavior during trial provide the jury with any evidence from which it could conclude that at the time of his crimes, it was impossible for him to appreciate the wrongfulness of his conduct or conform his conduct to the requirements of the law. [¶42] We rejected a similar argument in favor of an NGMI defense in Haddock v. State, 909 P.2d 974 (Wyo. 1996).

2026The district court held a hearing on Mr. Helms’s motion as required by State v. John, 2020 WY 46, ¶ 40, 460 P.3d 1122, 1134 (Wyo. 2020) (John Hearing).

2026The district court held a hearing on Mr. Helms’s motion as required by State v. John, 2020 WY 46, ¶ 40, 460 P.3d 1122, 1134 (Wyo. 2020) (John Hearing).

2025See Green v. State, 2025 WY 20, ¶ 27 , ___ P.3d ___, ___ (Wyo. 2025). 9 prior approval, and because of the lack of caselaw identifying the types of cases where the instruction would be unnecessary, we found no violation of a clear and unequivocal rule of law.

2025See Green v. State, 2025 WY 20, ¶ 27 , ___ P.3d ___, ___ (Wyo. 2025). 9 prior approval, and because of the lack of caselaw identifying the types of cases where the instruction would be unnecessary, we found no violation of a clear and unequivocal rule of law.

2025“Instructions are sufficient if they correctly state the law, they are not misleading, and they permit the parties to argue their respective theories of the case.” Kessel v. State, 2023 WY 120, ¶ 20 , 539 P.3d 406, 410 (Wyo. 2023) (quoting Mitchell v. State, 2020 WY 142, ¶ 32 , 476 P.3d 224, 237 (Wyo. 2020)).

2025“Instructions are sufficient if they correctly state the law, they are not misleading, and they permit the parties to argue their respective theories of the case.” Kessel v. State, 2023 WY 120, ¶ 20 , 539 P.3d 406, 410 (Wyo. 2023) (quoting Mitchell v. State, 2020 WY 142, ¶ 32 , 476 P.3d 224, 237 (Wyo. 2020)).

2025Poitra v. State, 2012 WY 58 , ¶¶ 11- 14, 275 P.3d 478, 481-82 (Wyo. 2012) (holding that “involuntary intoxication is a statutory defense to a criminal charge in Wyoming,” and that an NGMI plea is the only vehicle by which that defense may be pursued). [¶19] According to Mr. Dickerson, the district court’s NGMI instruction in this case was erroneous because it “failed to tell a jury that one can voluntarily take something, but accidentally take an overdose, which would be considered ‘involuntary intoxication.’” He cites the definitions of “involuntary intoxication” and “voluntary intoxication”

2025Poitra v. State, 2012 WY 58 , ¶¶ 11- 14, 275 P.3d 478, 481-82 (Wyo. 2012) (holding that “involuntary intoxication is a statutory defense to a criminal charge in Wyoming,” and that an NGMI plea is the only vehicle by which that defense may be pursued). [¶19] According to Mr. Dickerson, the district court’s NGMI instruction in this case was erroneous because it “failed to tell a jury that one can voluntarily take something, but accidentally take an overdose, which would be considered ‘involuntary intoxication.’” He cites the definitions of “involuntary intoxication” and “voluntary intoxication”

2024Kind, 595 P.2d at 962 (“In the absence of evidence submitted by a defendant in a criminal proceeding tending to establish mental illness or deficiency, a district court should not, despite the language of the statute, submit the issue of mental illness or deficiency to the jury simply on the basis of a plea of not guilty by reason of mental illness or deficiency.”).

2024Kind, 595 P.2d at 962 (“In the absence of evidence submitted by a defendant in a criminal proceeding tending to establish mental illness or deficiency, a district court should not, despite the language of the statute, submit the issue of mental illness or deficiency to the jury simply on the basis of a plea of not guilty by reason of mental illness or deficiency.”).

2024Kessel v. State, 2023 WY 120, ¶ 13 , 539 P.3d 406, 409 (Wyo. 2023) (quoting Harnetty v. State, 2019 WY 21 , ¶ 27, 435 P.3d 368, 374 (Wyo. 2019)). “[A]n erroneous refusal of a theory of defense instruction is ‘reversible error per se.’” Kessel, 2023 WY 120, ¶ 13 , 539 P.3d at 409 (quoting Black v. State, 2020 WY 65, ¶ 22 , 464 P.3d 574, 579 (Wyo. 2020)).

2024Ed.2d 220 (2021)); see also Tarpey v. State, 2023 WY 14, ¶ 55 , 523 P.3d 916, 932 (Wyo. 2023); Buckingham, 2022 WY 99, ¶ 27 , 515 P.3d at 619. [¶34] Mr. Bolen claims that because the evidence warranted instructions on his NGMI defense and he had not consented to abandonment of the defense, his attorneys were ineffective in failing to renew their request for the instructions.

2024Ed.2d 220 (2021)); see also Tarpey v. State, 2023 WY 14, ¶ 55 , 523 P.3d 916, 932 (Wyo. 2023); Buckingham, 2022 WY 99, ¶ 27 , 515 P.3d at 619. [¶34] Mr. Bolen claims that because the evidence warranted instructions on his NGMI defense and he had not consented to abandonment of the defense, his attorneys were ineffective in failing to renew their request for the instructions.

2024Howitt v. State, 2022 WY 152, ¶ 27 , 521 P.3d 314, 322 (Wyo. 2022) (quoting Black, 2020 WY 65, ¶ 24 , 464 P.3d at 580 ). [¶25] Mr. Bolen contends he presented sufficient evidence to warrant an instruction on his NGMI defense and that the issue of whether his “distorted perception of reality” was primarily attributable to self-induced intoxication or mental illness was a question of fact the jury should have resolved.

2024Howitt v. State, 2022 WY 152, ¶ 27 , 521 P.3d 314, 322 (Wyo. 2022) (quoting Black, 2020 WY 65, ¶ 24 , 464 P.3d at 580 ). [¶25] Mr. Bolen contends he presented sufficient evidence to warrant an instruction on his NGMI defense and that the issue of whether his “distorted perception of reality” was primarily attributable to self-induced intoxication or mental illness was a question of fact the jury should have resolved.

2024See Hopeful v. Etchepare, LLC, 2023 WY 33A , ¶ 43, 528 P.3d 414, 427 (Wyo. 2023) (“We will not interpret a statute in a way that renders any portion meaningless or in a manner producing absurd results.”). 7 evidence satisfying the statutory requirements of an NGMI defense, he was not entitled to an instruction on the defense.

2024See Hopeful v. Etchepare, LLC, 2023 WY 33A , ¶ 43, 528 P.3d 414, 427 (Wyo. 2023) (“We will not interpret a statute in a way that renders any portion meaningless or in a manner producing absurd results.”). 7 evidence satisfying the statutory requirements of an NGMI defense, he was not entitled to an instruction on the defense.

2024Howitt v. State, 2022 WY 152, ¶ 27 , 521 P.3d 314, 322 (Wyo. 2022) (quoting Black, 2020 WY 65, ¶ 24 , 464 P.3d at 580 ). [¶25] Mr. Bolen contends he presented sufficient evidence to warrant an instruction on his NGMI defense and that the issue of whether his “distorted perception of reality” was primarily attributable to self-induced intoxication or mental illness was a question of fact the jury should have resolved.

2024Howitt v. State, 2022 WY 152, ¶ 27 , 521 P.3d 314, 322 (Wyo. 2022) (quoting Black, 2020 WY 65, ¶ 24 , 464 P.3d at 580 ). [¶25] Mr. Bolen contends he presented sufficient evidence to warrant an instruction on his NGMI defense and that the issue of whether his “distorted perception of reality” was primarily attributable to self-induced intoxication or mental illness was a question of fact the jury should have resolved.

2024Brooks v. State, 706 P.2d 664, 667 (Wyo. 1985).

2024We disagree. [¶26] “An NGMI defense is governed by statute, and the law presumes every defendant to be ‘mentally responsible.’” Rodriguez v. State, 2022 WY 109, ¶ 38 , 516 P.3d 850, 857 (Wyo. 2022) (citing Wyo.

2024We disagree. [¶26] “An NGMI defense is governed by statute, and the law presumes every defendant to be ‘mentally responsible.’” Rodriguez v. State, 2022 WY 109, ¶ 38 , 516 P.3d 850, 857 (Wyo. 2022) (citing Wyo.

2023All proceedings related to the mental illness or deficiency of the defendant.”); Potter v. State, 2007 WY 83, ¶ 37 , 158 P.3d 656, 665 (Wyo. 2007) (attributing delay resulting from NGMI plea to the defense). [¶6] Mr. McHenry changed attorneys in September 2019.

2023All proceedings related to the mental illness or deficiency of the defendant.”); Potter v. State, 2007 WY 83, ¶ 37 , 158 P.3d 656, 665 (Wyo. 2007) (attributing delay resulting from NGMI plea to the defense). [¶6] Mr. McHenry changed attorneys in September 2019.

2022Under this factor, Mr. Rodriguez “must show ‘it is reasonably probable he would have received a more favorable verdict if the error had not been made.’” Klingbeil, 2021 WY 89, ¶ 46 , 492 P.3d at 289 (quoting Leners v. State, 2021 WY 67, ¶ 24 , 486 P.3d 1013, 1018 (Wyo. 2021), cert. denied, 142 S.Ct. 410 , 211 L.Ed.2d 220 (2021)). 3 By the time of closing arguments, Mr. Rodriguez had substantially retreated from his self-defense claim. 10 [¶37] Mr. Rodriguez concedes that “there was no real question of who killed Ms. Fogle,” but argues “there was a viable NGMI defense and a viable argument rega

2022Under this factor, Mr. Rodriguez “must show ‘it is reasonably probable he would have received a more favorable verdict if the error had not been made.’” Klingbeil, 2021 WY 89, ¶ 46 , 492 P.3d at 289 (quoting Leners v. State, 2021 WY 67, ¶ 24 , 486 P.3d 1013, 1018 (Wyo. 2021), cert. denied, 142 S.Ct. 410 , 211 L.Ed.2d 220 (2021)). 3 By the time of closing arguments, Mr. Rodriguez had substantially retreated from his self-defense claim. 10 [¶37] Mr. Rodriguez concedes that “there was no real question of who killed Ms. Fogle,” but argues “there was a viable NGMI defense and a viable argument rega